Legal Opinion · Dissent
United States v. Wilbur Jones, United States of America v. Claude L. Smith, United States of America v. James P. Jarvis
Court of Appeals for the D.C. Circuit
Decided January 18, 1973No. 72-1479, 72-1593 and 72-1600PublishedCited by 4 opinions
1DissentBazelon, Chief Judge
Each of these defendants was convicted of a D.C.Code offense, 1 and each moved for release pending appeal under D.C.Code § 23-1325(c). The trial judges denied the motions; my colleagues uphold the denials. I recognize that we are required to affirm if the trial judge’s holding is “supported by the proceedings below.” 2 In these cases however, I do not find the denials to be properly supported; in my view the trial judges incorrectly applied the statutory formula governing release.
I
Prior to the passage of the D.C.Code bail revisions, release for both D.C.Code and U.S.Code offenders was…
2Cases cited17 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Washington v. TexasSupreme Court of the United States · 1967
- United States v. Benjamin J. ThompsonCourt of Appeals for the D.C. Circuit · 1972
- James v. Earl v. United StatesCourt of Appeals for the D.C. Circuit · 1966
- United States v. Manuel Mendez-RodriguezCourt of Appeals for the Ninth Circuit · 1971
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3Cited by4 opinions
- United States v. William BrownCourt of Appeals for the D.C. Circuit · 1973
- Bradley v. MillikenCourt of Appeals for the Sixth Circuit · 1973
- Bradley v. MillikenCourt of Appeals for the Sixth Circuit · 1973
- United States v. William BrownCourt of Appeals for the D.C. Circuit · 1973